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Failure to Geoblock User Uploads of Movies Isn't Ground for Establishing Personal Jurisdiction Over Web Company<br>Letter of Intent For Production of Film Wasn't Binding<br>Use of Catcalling Footage in Ad Doesn't Result in Viable False Endorsement Claim by Actress
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Liability Exposure When Experts Flub<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font>
Last month, the author began discussion of the consequences of retaining an expert witness who errs on the stand. Should the expert be subject to lawsuit for damages? Could the attorney who hired him/her be held liable? The analysis concludes here.
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DE Chancery Court Strikes Down Fee-Shifting Bylaw
In <i>Solak v. Sarowitz</i>, the Delaware Court of Chancery held that a corporate bylaw ran afoul of 8 Del. C. Section 109(b), as recently amended, where it purported to shift attorney fees and expenses to an unsuccessful stockholder that filed an internal corporate claim outside of the state of Delaware.
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Copyright Office Updates Takedown Notice Agent Registration
The Copyright Office has mandated a new procedure for how online service providers — including websites, hosting companies, mobile app publishers and other online services that permit user-generated content — must designate an agent to receive notifications of claimed infringement under the DMCA.
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Injunction of the DOL's Overtime Rule and Its Appeal
Is the Department of Labor overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
Features
The Continuing Evolution of the False Claims Act
The number of lawsuits brought under the False Claims Act (FCA) continues to increase. In 2015 alone, relators filed over 600 qui tam complaints — and courts awarded over $3.5 billion — under the FCA.
Features
<i>Decision of Note</i><br>NY Apps. Court Says Pre-'72 Recordings Have No Public Performance Right
No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-Feb. 15, 1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled in <i>Flo & Eddie Inc. v. Sirius XM Radio Inc.</i>
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Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect Jan. 1, 2017.
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